Friday, June 26, 2015

U.S. District Judge Carleton Reeves issued trial instructions as he set trial for the August term in McMullin v. Mississippi Department of Public Safety. Ms. McMullin is a Lieutenant at the Mississippi Highway Patrol. She won a round in her battle to prove that Mississippi Highway Patrol Colonel Don Barry discriminated against her when he promoted Master Sergeant Marshall Pack to the vacated position of Training Director. Plaintiff Leftenant Gayle McMullin is white while Colonel Berry and Master Sergeant Pack are black. She argued -and two courts agreed- she was better qualified for the job. U.S. District Judge Carleton Reeves dismissed her case with prejudice on a motion for summary judgment but the U.S. Fifth Circuit Court of Appeals reversed Judge Reeves and ordered him to hold a trial. Judge Reeves is black and a former president of the Magnolia Bar in Jackson. The instructions are posted below. Earlier posts: Is the leadership of the Mississippi Highway Patrol racist? Defense gets laughed out of court. Literally.

10:36 - good point; it would be hard to believe that this judge could come to a fair conclusion based on his history with the case and the accompanying animosity he must have toward the higher court for sending the case back. But there may be too many eyes on this case for him to ignore the facts.

In other judicial news - since the SCOTUS has cleared the way for same sex marriage in all states, do you think the trooper and the trucker will get married? I know they've been waiting so they can begin their new life together. Maybe the Commissioner can officiate the ceremony! Perhaps now there's enough ambiguity that he can be married to a man AND a woman (but based on the reports I bet he prefers a MAN).

State and federal appellate courts routinely reverse trial courts and almost always return the case to the previously assigned trial judge. While the trial judge may not be happy, he/she usually follows the directives upon return -- especially in federal court.

Judge Reeves may have been wrong, but it is unlikely that he'll get it wrong twice. If he does, that's why the court of appeals exists. Let's set aside the tinfoil hats on this one.

KF - I'm wondering what a settlement might look like. McMullin probably isn't ready to retire and I think it's a matter of pride now and she'll want the position, plus back pay and expenses. But MHP may want to settle in a way that gets her out of their hair...

@6:19 - you need to file a complaint with the state auditor - oh wait, they won't do anything because its the highway patrol and the person that would start that investigation is a former commissioner. If it's grant money call the federal inspector general hotline - the feds don't play and they don't give a shit about local politics. Posting accusations on this forum and not following up with any will only frustrate you.

Human nature being what it is, Reeves is stung and stung bad by this reversal, especially since the reversal made big time news on this blog site and elsewhere. He will NOT be impartial and this is NOT just another day at the courthouse for him. His ass is stung bad. Motion for recusal and assignment to another jurist. He won't fight the motion because he knows damned well he can't be impartial and doesn't want his britches burned again.

keep up 7:05 Pickering quietly announced and was published here that Mills was was caught enriching her family but unlike the sheriff recently he didnt release a mug shot. Yes the head of investigations at Pickerings office is a former DPS commissioner and that is probably why it is being handled low key. No mug shot and probably no punishment. She will be allowed to retire and get her $60,000.00 annual state retirement pension. No harm no foul just another crook at DPS.

Well if you are a black trooper the good Colonel will protect you from the state auditor and the Feds...and get you promoted. It's sad to say, but it is definitely happening. Colonel Berry and Commissioner Santa Cruz are ruining a once fine organization. If you speak out against them as a trooper has done you will end up fired for some obscure reason.

10:10 you can look on the State Retiremnet site and read the Troopers retirement program. Your numbers are from average state workers not troopers or legislature. Many Troopers that have been there 5 or more years make 50 to 60 thousand dollars a year. They have a base salary but get federal pay for road blocks or "call backs". They can make $300.00 to $500.00 per weekend extra. Also they get a monthly clothing allowance which doesnt figure in on their salary. Now the allowance isnt for the uniform or equipment because that is given to them by DPS free of charge. It is for ANY clothes that they want to but outside the provided uniform and gear.

To find Troopers Salaries just look up Senate Bill 2500 which bryant signed. A Staff Sargent makes a min of $50,000 and a Major makes a min of 86,000.00. The colonel makes a min of $112,000.00. Those poor troopers.

so after 4 years of college teachers start at $34,000.00. Most troopers have only a high school education and start at $39,000.00. The training Director at MHP who trains all new troopers is fired three times then promoted and makes over $60,000.00. Yep I sure am proud.

This is an Executive Agency which reports only to the Gov. He appointed Santa Cruz and Berry so the Gov is where the buck stops. DPS will continue the fight because they want to show others that even if they have a case that DPS will keep it in court for years and ruin you financially and otherwise. What do they have to lose, its the states money that they are spending.

The problem with DPS is that there are troopers in some very important positions such as driver's services, intelligence and homeland security - do any of these folks know the first thing about what they're doing, or are they just friends of the commissioner? It seems that the commissioner and chief of staff not only took care of their friends with jobs, cars and promotions, but this is a problem throughout the agency and there's much more to this story than you see on the surface.

Why doesn't the highway patrol stick to its core mission? Also, why hasn't PEER done any work of significance on DPS/MHP, they did some reports on a few issues with the bureau of narcotics, but nothing else. A report from the state auditor is mostly useless as it will be spun politically and certain findings will be buried and individuals will always be protected - look at the difference in how Mills was treated for much worse offenses than was the guy that used his DPS car for personal use. I suppose this is what you get when you have an elected state auditor.

My question is this. At what point does this fall at the feet of the Governor who has appointed these two racist, biased individuals to lead DPS/MHP? It's a fact that the Governor knows of the wrong doing going on yet he has not to this day raised a hand to protect the troopers that he publicly has praised. Commissioner Santa Cruz has hurt the troopers repeatedly with his arrogant relationship with the state legislature. EVERYONE knows that with Santa Cruz in charge of DPS the department is suffering. Colonel Berry is no better. He picks and chooses the promotions and the discipline with such bias that there are many cases before the state personnel board of troopers who have been discriminated against or retaliated against by Berry. Again, with Governor Bryant's publicly claimed love for law enforcement, when does his lack of action override his words???

Who is the Hottest Reporter in Jackson?

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything). Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up. In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!